scholarly journals АSPECTS OF THE SUBJECT COMPOSITION OF THE INSTITUTE OF CORPORATE RESPONSIBILITY IN A JOINT-STOCK COMPANY

2021 ◽  
pp. 20-29
Author(s):  
A.S. Prokopiuk ◽  
Keyword(s):  
Corporate Responsibility ◽  
Complex Structure ◽  
Legal Responsibility ◽  
Joint Stock Company ◽  
Business Associations ◽  
Stock Company ◽  
Systematic Analysis ◽  
Legal Entity ◽  
Legal Forms ◽  
The Stability

For a proper understanding of the institution of legal responsibility in corporate relations, it is necessary to clearly define the range of subjects of corporate relations, which, in turn, is determined by the types of corporate relations in which these entities participate. It is the nature of corporate relations that determines the peculiarities of the responsibility of management bodies and persons who manage a joint-stock company. Corporate relations in a joint-stock company arise in connection with the creation, operation and termination of a joint-stock company as a legal entity, an independent legal entity endowed with separate property, which has its own internal organizational structure and acts in economic turnover on its own behalf obligations to creditors. The emergence of a joint stock company as a legal entity, with its members, founders, property owner, members of management bodies, creditors, as well as other stakeholders (stakeholders), causes a particularly complex structure of corporate relations, which can be distinguished not only internal management relations legal entity, but also external relations that ensure the participation of legal entities in economic turnover, as well as organizational and property relations between members of business associations, groups, associated and related companies. Corporate responsibility is one of the most important factors that ensure the stability of corporate relations. This determines the scientific interest in corporate responsibility throughout the history of corporate law, due to the development of organizational and legal forms of economic activity based on corporate relations. A systematic analysis of the current legislation allows to determine the range of subjects of corporate responsibility.

scholarly journals METHODICAL PROVISIONS FOR CREATING AN OUTSOURCING COMPANY (WITH CONSIDERING ORGANIZATIONAL AND LEGAL FORMS OF ENTERPRISES)

2019 ◽  
Vol 21 (2(71)) ◽  
pp. 121-129
Author(s):  
A. SAINCHUK
Keyword(s):  
Limited Liability ◽  
Institutional Support ◽  
General Meeting ◽  
The State ◽  
Joint Stock Company ◽  
Stock Company ◽  
Legal Form ◽  
Legal Forms ◽  
Definition Of ◽  
State Registration

Topicality. The topicality of the problem of creating an outsourcing company does not raise doubts, because the number of outsourcing companies is constantly increasing which provide outsourcing services. During the crisis in Ukraine, there is to need in next positions: reducing the cost of the enterprise, maintaining a certain market segment, maintaining competitiveness in the market, maintaining a certain quality of services (works, goods). If the company use outsourcing at the enterprises, it will be possible to hold all these positions, during the crisis management period.Aim and tasks. The aim of the article is to develop methodological provisions for creating an outsourcing company within the framework of the existing institutional support in Ukraine. Some stages of creating an outsourcing company can be given on the example of law firm in the form of an attorney company, an attorney bureau or a lawyer of individual (an entrepreneur and a self-employed person).Research results. The methodological provisions were developed for creating an outsourcing company. In the article was using the example of practice of law, was taking into account the peculiarities of state registration of various organizational and legal forms of management and the tax system. Also, an algorithm has been created for the election of a simplified taxation system if to realise the case of a project to create an outsourcing company.Conclusion. Methodical provisions for creating an outsourcing company consist of sixteen stages. The author provided recommendations for making changes to the classifier of organizational and legal forms of enterprenier. It was proposed to add an outsourcing company as a new organizational and legal form of enterprenier in order to improve the existing system of national statistical classifications. The changes will provide the State Statistics Service of Ukraine the opportunity to raise to a qualitatively new level the statistical analysis of outsourcing companies in Ukraine.There is no clear phased methodology or instructions for creating a new outsourcing enterprise in Ukraine. The author has developed a methodology for creating an outsourcing company within the institutional support in Ukraine.The article examines in details the situation - the use of outsourcing when creating an outsourcing company. The article also gradually developed an algorithm for creating an outsourcing enterprise. Only five stages were investigated for creating outsourcing company in this article.The author has distinguished the sixteen stages of creating an outsourcing company.Stage 1 - the definition of the organizational and legal form of entrepreneur. The author proposed a new legal form - an outsourcing company. Therefore, it is necessary to change the existing classifier. In work the algorithm of definition of the organizational and legal form of entrepreneur on an example of lawyer activity is developed.Stage 2 - determination of the name of the enterprise. Practical recommendations are given for determining the name of an outsourcing company.Stage 3 - determining the number of participants (founders) of the company. Depending on the number of founders, it is necessary to choose a certain organizational and legal form of entrepreneur. So, for example, if a lawyer carries out practice of law individually without the involvement of employees and other founders, then it is necessary to carry out activities in the form of an individual, an entrepreneur or a self-employed person. Then create a company is not required.Stage 4 - the formation of the charter capital of an outsourcing company. The author has noticed that the minimum charter capital is set for a joint stock company, but not for a limited liability company. This stage is status ant, as the participants are responsible within their share in the charter capital.Stage 5 - drawing up and signing the charter and the protocol of the general meeting of the participants (founders) of the company on the creation of an outsourcing company. There are two types of charters in the article: model and own charter of the company. The model charter does not even need to be submitted to the state registrar. The article contains the main sections of the charter of an outsourcing company.The next article will consist of from sixth to sixteenth stages.

scholarly journals Classification of financial security functions of joint-stock companies

2017 ◽  
pp. 63-71
Author(s):  
Olena Stashchuk
Keyword(s):  
Financial Management ◽  
Equity Capital ◽  
Joint Stock Company ◽  
Financial Security ◽  
Economic Activities ◽  
Stock Company ◽  
Satisfactory Level ◽  
Business Entities ◽  
Legal Forms

The article proves that financial security functions are one of the fundamental categories, which makes it possible to more thoroughly describe the concept of financial security of jointstock companies. The purpose of the paper is to systematize the current approaches of scholars to determining financial security functions of business entities, as well as to improve financial security of joint-stock companies. The existing theoretical studies of financial security do not take into account peculiar features of doing business, institutional-legal forms and sectors of economic activities. A critical analysis of scholars’ approaches to identifying functions of financial security of business entities allows us to conclude that the classical functions of financial security of enterprises are as follows: establishing a framework for managing financial security of enterprises, assessing the level of financial security of enterprises, planning and forecasting the level of financial security of entities, exercising control over measures taken to achieve a satisfactory level of financial security of joint-stock companies. The role of joint-stock companies in the development of the financial system of the state is identified. Based on the major features of joint stock companies’ operations and typological characteristics of their financial security, it is proposed to distinguish general and specific functions of financial security of joint-stock companies. It is pointed out, that general functions include: extended reproduction, informational, organizational, planning, analytical, and stimulating. Accordingly, it is found that specific functions of financial security of joint-stock companies are as follows: protective, investment, anti-crisis financial management, financing business operations, equity capital management, and corporate governance. The proposed classification of functions might be useful in the process of establishing a framework for managing financial security of a joint-stock company, as well as enhance further research on the issue of providing a satisfactory level of financial security of corporate units. The described functions are found to possess the following characteristic properties: system approach, completeness, universality and comprehensiveness. At the same time, it is claimed that the division of the whole range of functions into general and specific ones will contribute to increasing the efficiency of financial security management of joint-stock companies.

scholarly journals The problems of application of the laws on regulated purchases No. 44-FZ and No. 223-FZ when reorganizing legal entities

2018 ◽  
Vol 212 ◽  
pp. 09007
Author(s):  
Vitaliy Peshkov ◽  
Tatiana Doroshenko ◽  
Irina Sukhanova
Keyword(s):  
Russian Federation ◽  
Transition Period ◽  
Joint Stock Company ◽  
Stock Company ◽  
Legal Entity ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
Procurement System ◽  
Legal Entities

The purpose of the study is to analyze the problems of applying the laws on regulated purchases No. 44-FZ and No. 223-FZ when reorganizing legal entities on the example of transformation of a unitary enterprise into a joint-stock company. The subject of this research is the system of regulated procurement by certain types of legal entities, and purchases implemented within the contract system of the Russian Federation. The subject of the study is the organization of the procurement system by the customer during the transition from the rules established by the Law No. 44-FZ to the rules established by the Law No. 223-FZ (and vice versa). To achieve this purpose, the following research objectives are set: 1) to analyze the issues occurring during the transition period when reorganizing legal entities; 2) to systematize the results of the research; 3) to suggest measures to improve the process of changing the system of regulated purchases by the customer. The authors studied the issues of applying the laws on regulated purchases No. 44-FZ and No. 223-FZ when reorganizing legal entities, as well as when changing normative regulation as referred to the procurement system used by a legal entity. The analysis of the process of reorganization of a unitary enterprise into a joint-stock company in the form of transformation regarding the transition from the Law No. 44-FZ to the Law No. 223-FZ has been conducted, issues identified and a set of recommendations for their solution developed.

scholarly journals Complex effect of sulfur and phosphorus on the characteristics of wheel steel of KP-T brand before and after modification

2021 ◽  
Vol 2 (1(58)) ◽  
pp. 11-14
Author(s):  
Serhii Polishko
Keyword(s):  
Chemical Composition ◽  
Mechanical Characteristics ◽  
Statistical Processing ◽  
Wheel Steel ◽  
Joint Stock Company ◽  
Stock Company ◽  
Data Set ◽  
Coefficients Of Variation ◽  
The Stability

The object of the research is KP-2 wheel steel modified by the Al-Mg-Si-Fe-C-Ca-Ti-Ce system. One of the most problematic places in the smelting of modern steel is the stability of the chemical composition due to the use of uncontrolled content of scrap, charge and standard modifiers, which are made by the fused method. To eliminate this problem, multifunctional modifiers were used during the study. This is due to the fact that the KP-2 steel modification method proposed in this article, has a number of features. In this case, the influence modifiers of multifunctional action on the installation of vacuum processing of steel on desulfurization of wheel steel KP-2, obtained under the conditions of the open joint-stock company Interpipe NTRP (Dnipro, Ukraine), was established. In particular, when treating a steel melt with multifunctional modifiers, not only a refining effect occurs, but also an increase in the stability of the chemical composition and level of mechanical characteristics of the KP-2 wheel steel. This is confirmed by the coefficients of variation and interfusion difference presented in the article (span), obtained by statistical processing of a large data set – 442 serial smeltings and 1 modified (6 wheels). Thanks to the multifunctional modification, the level of mechanical characteristics and the quality of the finished wheels really increases. Compared with similar mass-produced materials, such as FeSi, FeCa, FeMn, SiCa, the use of new multifunctional modifiers in KP-2 wheel steel provides a significant reduction in the mass fraction of sulfur than in the same metal that is processed in the traditional way. It has been established that the use of multifunctional modifiers changes the shape of non-metallic inclusions to globular and reduces their number, which also increases the level of mechanical properties of KP-2 wheel steel. The obtained coefficients of variation prove that the mechanical characteristics of KP-2 modified steel are more stable than in serial melts of the same steel. This will increase the demand and quality of these railway wheels.

Joint-Stock Company As a Focus of Trends in the Formation of Private Wealth

2021 ◽  
Vol 10 (1) ◽  
pp. 48-55
Author(s):  
Vladimir Galanov ◽  
A. Galanova
Keyword(s):  
Limited Liability ◽  
Modern Society ◽  
Point Of View ◽  
Private Capital ◽  
Organizational Forms ◽  
Joint Stock Company ◽  
Limited Liability Company ◽  
Stock Company ◽  
Natural Forms ◽  
Legal Forms

Joint-stock company is the most developed form of private capital association historically and logically growing out of the previous organizational forms of the existence of market organizations. A joint stock company is the result of the development of two interrelated processes. From the standpoint of economic content, a joint-stock company is the result of the development of the relations of production themselves from its natural forms to the commodity form and then to the form of the capitalist economy. From the point of view of the forms in which this content develops, in the form of a joint-stock company, the process of improving organizational forms that allow uniting private capital to achieve a single goal – making a profit – finds its "logical conclusion". Unlike the legal forms of a general partnership and a limited liability company, the form of a joint-stock company allows to combine a potentially unlimited number of investors and their capital on terms that most contribute to the maximization and preservation of private wealth, potentially for all members of modern society.

scholarly journals Theoretical And Legal Approaches To The Concept Of «Corporation» In Legal Families

2019 ◽  
pp. 65-76
Author(s):  
O.M. Stratiuk
Keyword(s):  
Legal System ◽  
Trade Unions ◽  
Limited Liability ◽  
Business Associations ◽  
Legal Entity ◽  
First Case ◽  
Anglo American ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article analyzes the scientific views on the concepts of «legal entity» and «corporation» formed in different legal systems, indicating either the identity of these concepts, or their heterogeneity by deducing a number of common and distinct features. Determined that in the Anglo-American legal system, the corporation is seen as a collective term, which should be understood by business associations and nonbusiness capital entities created to meet social objectives. It is proved that in EU law the concept of «corporation» is not identical with that of a legal entity, although a considerable number of types of legal entities are proposed to be included in the list of legal entities. In the countries of the continental legal system (France, Germany, Switzerland, Russia, Ukraine, etc.) the term «corporation» is rarely used in the law. This concept is used mainly in literary sources. Corporations include: various types of companies (full and limited partnerships, joint stock companies and other companies, members of which are limited liability for the obligations of the company), business associations (groups, trade unions, holdings, etc.), cooperatives, leases and state-owned enterprises, as well as various non-economic unions and associations. The main difference between the range of legal entities in the Anglo-American and Continental legal families is that in the first case, the terms «legal entity» and «corporation» are correlated as interchangeable concepts, and in the other case, the possibility of correlation between the concepts of «legal entity» and «corporation» depends on the approach of the legislation of the country to the definition of their organizational and legal forms and the formation in the scientific circles of the criteria for their separation or integration into one or another concept, or the introduction of this concept into the existing legislation of the EU country with a clear list of organizational and legal forms. Therefore, every legal family has their own approaches to the concept of «corporation».

scholarly journals THREATS TO ECONOMIC SECURITY OF UKRAINIAN EMITENTS AFTER PLACEMENT OF SHARES ON FOREIGN MARKETS

2018 ◽  
pp. 39-48
Author(s):  
Serhii Laptіev ◽  
Iryna Mihus
Keyword(s):  
Stock Market ◽  
Asset Management ◽  
Economic Security ◽  
State Regulation ◽  
The State ◽  
Regulation System ◽  
Joint Stock Company ◽  
Market Regulation ◽  
Stock Company ◽  
Legal Forms

In Ukraine, the stock market has not yet acquired signs of traditions and rules of work, which make it necessary to put in place an effective system for its regulation and, first of all, on the part of the state. The stock market regulation system should cover all participants in the stock market and ensure that they carry out their activities in accordance with established rules. A feature that distinguishes the functioning of joint-stock companies from other types of business associations and requires special management approaches is the issue of their shares for the formation, and, subsequently, increase of the authorized capital, which is carried out in the stock market. One of the most important elements of the external sphere of formation of the system of economic safety of joint stock companies is the state regulation of their emission activities. On the level of legislative bodies issued legal acts that have the force of law and regulate the general framework for the functioning of the corporate sector. In Ukraine, the bodies of state regulation of emission activities of joint-stock companies of general competence include the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the State Tax Service of Ukraine, the State Property Fund of Ukraine. They carry out general supervision and control over the activities of joint-stock companies. In issuing activities, the joint-stock company is affected not only by external but also internal threats related to the reorganization of public and private open and closed joint-stock companies, modernization of the management system, reporting, etc. Existing approaches to the formation of the system of economic security reflect the peculiarities of its construction in economic entities engaged in various activities (manufacturing and trading enterprises, banking institutions, credit unions, asset management companies, etc.), but the question of the formation of the system of economic security in the sub- objects of various organizational-legal forms studied insufficiently complete. The system of economic security, which exists in modern joint-stock companies, is not always able to fully perform its functions in the economic sphere, reacting in time to the appearance of external and internal threats, which is especially clearly manifested in the process of issue of shares, preparation and conduct of their public placement.

scholarly journals Increase in efficiency of the land relations as one of factors of development of agro-industrial complex

2018 ◽  
Vol 80 (2) ◽  
pp. 343-350
Author(s):  
A. O. Pashuta ◽  
N. K. Kotelevskaya
Keyword(s):  
Land Reform ◽  
New Technologies ◽  
Limited Liability ◽  
Joint Stock Company ◽  
Industrial Complex ◽  
Land Resources ◽  
Stock Company ◽  
Land Reforms ◽  
Land Relations ◽  
Legal Forms

In article formation and development of the land relations during the period from 2000 to 2016 on the example of the Voronezh region is considered. Need of a land reform which purpose in agriculture was a transformation of the land relations providing efficiency of use of land resources is shown. In article it is shown that objectives are partially solved. By 2016 joint stock companies, the joint-stock company, closed joint stock company, Ltd company, KFH, etc. were created, modern legal forms therefore the conclusion is drawn that limited liability companies at the moment prevail Are analysed, they make 73,8%. Results of their work in recent years are shown. The number of the unprofitable enterprises in 2016 in comparison with 2005 has decreased in percentage terms by 5,5 times and is only 6%, and profitable – 94%. The profit size for this period has increased more than by 10 times. Their characteristics and shortcomings are considered. It is noted that increase in efficiency of the land relations was promoted in no small measure by the following conditions: use of new technologies, introduction new highly productive, grades, rational use of fertilizers, acquisition of the new equipment, observance of crop rotations, improvement of personnel policy, etc. During land reforms due attention hasn't been paid to legal support of the mechanism of optimization of use of the earth that seriously slows down development of new land legal relations. Besides, the material and technical resources are still insufficiently created, selection and breeding work isn't completely restored, there are shortcomings and of formation of the financial and credit relations. For more effective use of land resources a number of actions for improvement of the organizational and economic mechanism are offered.

Studying Demand for Institutes of Corporate Governance: Legal Aspects

2003 ◽  
pp. 50-61 ◽  
Author(s):  
T. Medvedeva ◽  
A. Timofeev
Keyword(s):  
Corporate Governance ◽  
Legal Aspects ◽  
Joint Stock Company ◽  
Federal Law ◽  
Stock Company ◽  
Open Joint Stock Company ◽  
Open Joint ◽  
Market Relations ◽  
Corporate Legislation

The article analyzes legal aspects of institutes of corporate governance. Different draft laws "On Joint-Stock Companies" are considered which reflected interests of separate groups of participants of market relations. Stages of property redistribution are outlined. The advantages of the model of the open joint-stock company are formulated. Special attention is paid to the demand for legal institutes of corporate governance as well as to the process of accepting the Federal Law "On Entering Amendments to the Federal Law "On Joint-Stock Companies"" which was enacted in 2002. The article contains proposals directed at improvement of corporate legislation.

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